A. Powers Enumerated: The zoning board of adjustment shall have the following powers:
1. Administrative Review: To hear and decide appeals where it is alleged there is an error in any order, requirements, decision, or determination made by the zoning administrator in the enforcement of this title.
2. Variances: To authorize upon appeal in specific cases such variances from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title will, in any individual case, result in unnecessary hardship, so that the spirit of this title shall be observed, public safety and welfare secured, and substantial justice done. Such variances may be granted in such individual case of unnecessary hardship upon a finding by the board of adjustment that:
a. The application of this title to this particular piece of property would create an unnecessary hardship.
b. Such conditions are peculiar to the particular piece of property involved.
c. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this zoning title or the comprehensive plan.
d. The variance, if granted, would be minimum necessary to alleviate the unnecessary hardship. (Ord. 2995, 6-7-1994)
3. Special Exceptions Regarding Uses; Mobile Homes: To hear and decide special exceptions to the zoning code to allow a use, or a specifically designated element associated with a use, which is not permitted by right in a particular district because of potential adverse effect, but if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the board of adjustment. Such special exceptions may be granted in such individual cases for the duration of the use of a particular approved owner occupied single-family mobile home, regardless of change of ownership, in the R-1 and A-1 districts so long as the mobile home continues to be occupied by its owner on a lot and in a manner which otherwise complies with the zoning code of the city, subject to the following procedures and provisions:
a. The applicant must make a written application for the special exception containing a legal description of the real property for which the special exception is sought (the property) and photographs of each side of the exterior of the particular mobile home for which the special exception is sought;
b. Notice must be mailed to the last address as reflected by the records of the Craig County treasurer, to all owners of real property whose boundary lies within three hundred feet (300') of the real property for which the special exception is sought at least ten (10) days in advance of the hearing on the said special exception; and
c. Publication of said application as required by section 10-2-4 of this chapter; and
d. The board of adjustment shall conduct a hearing on said special exception to allow the applicant an opportunity to present his or her request and to inquire as to any objections presented by the owners of the property within three hundred feet (300') of the real property for which the special exception is sought. In determining whether to grant the special exception, the board of adjustment may consider the comprehensive zoning plan of the city, the condition of the proposed mobile home, the potential effect to the neighborhood, the positions of the property owners within three hundred feet (300') and all other factors the board deems relevant. If the special exception as to such particular mobile home is granted, the mobile home must meet the minimum standards of the federal department of housing and urban development, as amended from time to time.
e. If the special exception is granted, the approved mobile home must be located upon the property within one hundred eighty (180) days from the date it is granted, in failure of which the special exception shall terminate and be of no effect without further notice.
f. In order to protect the public welfare and health of the residents of the city and to ensure the aesthetic values of the property and improvements thereon in the various areas of the city, the board of adjustment, after inspection of the physical condition of the mobile home for which a special exception has been granted, either in person or by photographs, and finding same to be in a different condition than the approved mobile home or deteriorated or in noticeable disrepair, may, in its discretion, refuse to issue a building permit to locate or place such mobile home on the property. (Ord. 3454, 12-15-2009)
B. Voting Of Members: In exercising the above powers, the board of adjustment shall have the concurring vote of at least three (3) of its members in order that it may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and may make such order, requirement, decision, or determination as ought to be made. (Ord., 11-1-1983)
C. Filing Fee: Upon the filing of a board of adjustment appeal, variance or exception, the property owner or his agent shall pay a filing fee of three hundred dollars ($300.00) to the clerk of the board of adjustment. All fees collected by the board of adjustment shall be deposited with the city clerk and credited to the general fund of the city. Provided, that in appeals involving administrative review, the filing fee shall be waived by the clerk in the event he determines, after review of a completed pauper's affidavit, in the form attached to ordinance 2747 on file in the office of the city clerk, that the applicant would not otherwise be able to obtain review of said administrative decision. Provided further, that in appeals involving administrative review, the filing fee shall be refunded in the event of a final determination rendered in favor of the applicant. A "final determination" shall be defined as a decision of the board of adjustment or the courts of the state of Oklahoma, as the case may be, from which no further appeal has been taken within the time allowed by statute. (Ord. 2747, 9-20-1988)